Historic Preservation Toolkit: Section 106

Landscape architects understand that every place carries layers of history, culture, ecology, and community memory. Section 106 of the National Historic Preservation Act (36 C.F.R. Part 800) is an essential safeguard that ensures federal projects consider their effects on historic properties, cultural landscapes, archaeological sites, and sacred places—and provides communities and preservation experts an opportunity to be heard. Recently, the Advisory Council on Historic Preservation (ACHP) passed a sweeping rewrite of the regulations implementing Section 106 that would gut the law. Efforts to diminish or bypass Section 106 would weaken public oversight and risk the irreversible loss of irreplaceable landscapes and cultural heritage. ASLA urges all landscape architects to help mobilize the profession to defend this vital framework by participating in the upcoming public comment. Protecting Section 106 is not opposing progress; it is ensuring that progress respects the places and stories that connect us to one another and future generations.

For nearly 60 years, Section 106 of the National Historic Preservation Act (NHPA) has required all federal agencies to consider the effects of projects they carry out, fund, approve, license, or permit on historic properties and resources. Agencies must consider those effects before approving an undertaking and provide the Advisory Council on Historic Preservation (ACHP) with an opportunity to comment.

The process can involve State Historic Preservation Offices (SHPOs), Tribal Historic Preservation Offices (THPOs), Tribes, local governments, preservation organizations, project proponents, and the public. For landscape architects, Section 106 can affect projects involving historic landscapes, cultural landscapes, parks, public spaces, historic districts, and archaeological resources.

On July 24, 2026, the ACHP announced that its members had voted to move forward with a Notice of Proposed Rulemaking (NPRM) to revise the regulations implementing Section 106.The proposed rewrite would make significant changes to weaken the existing Section 106 process. Key concerns raised about the draft include:

  • Making consultation with SHPOs and THPOs optional.
  • Making public participation discretionary rather than mandatory.
  • Changing which types of projects trigger Section 106 review.
  • Narrowing the scope of impacts that may be considered adverse effects.

The ACHP's decision does not mean the regulations have been finalized or that the proposed changes are currently in effect. The draft NPRM will first go through interagency review by the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB). Following that review, the proposed rule is expected to be published in the Federal Register for public comment.

  • Communities and the public: Section 106 provides opportunities for public input when federal projects could affect historic properties, helping communities identify important cultural and historic resources.
  • Landscape Architects: Landscape architects are leaders in identifying, evaluating, and preserving the historic and cultural treasures embedded in our communities and landscapes.
  • State and Tribal Historic Preservation Offices: SHPOs and THPOs are key participants in the Section 106 consultation process and help identify historic properties and evaluate potential project impacts.
  • OIRA Review: The draft NPRM will undergo interagency review at OIRA within OMB.
  • Federal Register Publication: If the proposal proceeds, the NPRM will be published in the Federal Register.
  • Public Comment Period: Publication of the proposed rule will open a formal public comment period. The public will then have an opportunity to submit comments on the proposed regulatory changes.

ASLA is actively advocating to protect historic places, cultural landscapes, and the integrity of the federal review process. Through legislative advocacy, public comments, coalition efforts, and legal action, ASLA is working to ensure that significant landscapes and historic resources are thoughtfully considered and protected.

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